Pain and suffering in a personal injury case can be calculated using the multiplier method or the per diem method. However, there is not a universally accepted formula to determine how much compensation an injured person should receive for their pain and suffering after an accident. Unlike medical bills or lost wages, compensation for pain and suffering isn’t calculated with receipts or a fixed dollar amount.
Courts, insurance companies, and attorneys will often consider the severity of the injury, recovery time, ongoing symptoms, and the effect the injury had on your daily life. A personal injury attorney can help you understand how these two common calculation methods work and what other factors could affect the value of your claim for pain and suffering.
What Is Pain and Suffering in a Personal Injury Case?
Pain and suffering are considered non-economic damages, which are the subjective, intangible losses from a personal injury. These are harder to calculate than economic damages, which usually have a clear price tag, like medical bills and lost wages.
Damages for pain and suffering can include compensation for:
- Physical pain
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Permanent impairment
Pain and suffering damages can compensate you for the discomfort and trauma you’ve experienced as a result of your injuries as well as the impact your injury has had on your daily life.
What Is the Multiplier Method for Calculating Pain and Suffering?
The multiplier method estimates pain and suffering by multiplying certain economic damages, often medical expenses, by a number that reflects the seriousness of your injury. The multiplier may be higher for a severe injury, lengthy recovery, permanent limitation, or ongoing pain. A lower multiplier may apply when the injury is relatively minor and heals quickly.
No standard multiplier applies to every personal injury case. Insurance companies, attorneys, and other parties often disagree about an appropriate amount, based on medical evidence and the effect an injury has had on your life.
For example, if an injured person has $20,000 in medical expenses and a multiplier of three is applied, you would get $60,000 as the estimated value of your pain and suffering. However, keep in mind that this figure is only a starting point and does not guarantee what amount might be offered in settlement discussions.
What Is the Per Diem Method for Pain and Suffering?
Under the per diem method, a daily dollar amount is assigned to your pain and suffering for each day you were affected by the injury. That daily rate is then multiplied by the number of days you experienced symptoms or required recovery. The rate and recovery period should be supported by the case circumstances, such as medical records, treatment dates, and the person’s daily limitations.
For example, if a person’s pain and suffering is valued at $150 per day and the recovery period lasts 120 days, you would get $18,000 in pain and suffering damages, or $150 multiplied by 120 days equaling $18,000. Even when you use this approach, certain parties, such as the at-fault party’s insurance adjuster, may push back and argue for a lower settlement amount.
Which Method Is Better: Multiplier or Per Diem?
Attorneys, insurers, and opposing parties in your case may prefer different valuation approaches. Whether you use a multiplier or a per diem to calculate damages, the facts of the case matter more. Some serious or permanent injuries may not fit as easily into either approach. Overall, no method is universally superior. Ultimately, the goal is to show the injury’s actual impact on your life, rather than simply generate a mathematical figure.
How Do Insurance Companies Calculate Pain and Suffering?
What Factors Affect the Value of Pain and Suffering?
Several factors influence a personal injury claim and can affect the potential amount of non-economic damages, such as:
- Severity of injuries: Serious injuries may lead to higher compensation for pain and distress.
- Recovery times: Longer recovery means more pain and disrupted routines.
- Permanence of injuries: Lasting impairments affect independence, work, and relationships.
- Extent of treatments: Complicated or drawn-out medical care indicates a greater physical burden.
- Emotional issues: Anxiety and depression can be incorporated into non-economic damages.
- Strength of evidence: Strong medical records, photos, and testimony can help prove suffering.
- Comparative fault laws: Liability laws can reduce damages if the injured person shares fault.
Additionally, the impact that the injury has had on your daily life will also be considered. For example, if a competitive athlete gets into a car accident, and the subsequent injuries disrupt their competition season, they may be entitled
Ohio vs. Kentucky: How State Law Changes the Outcome
| State | Cap Status | Statute or Constitutional Provision | Cap Amount | Exceptions |
|---|---|---|---|---|
| Ohio | Non-economic damages are generally capped. | Ohio Revised Code § 2315.18 | The greater of $250,000 or three times the plaintiff’s economic loss, subject to a maximum of $350,000 per plaintiff or $500,000 per occurrence when two or more plaintiffs are involved. | The cap does not apply to a permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or a permanent physical functional injury that prevents the person from independently caring for themselves and performing life-sustaining activities. |
| Kentucky | No general cap applies to pain and suffering damages in personal injury cases. | Section 54 of the Kentucky Constitution | No statutory maximum. The amount may be determined through settlement or awarded by a jury based on the evidence. | Because there is no general cap, no cap-related exception is needed. Other laws may still limit recovery in claims against the government or in other specific types of cases. |
How Do Insurance Companies Try To Reduce Pain and Suffering Compensation?
Insurers use several different evaluation tactics to try to minimize a claim for pain and suffering, including the following:
- Pointing to delays in seeking medical care or gaps in treatment
- Arguing that your symptoms came from a pre-existing condition
- Claiming the medical treatment was excessive or unrelated to the accident
- Using surveillance footage or social media posts to challenge reported limitations
- Focusing on normal test results while giving less attention to ongoing symptoms
- Requesting a recorded statement and comparing it with later medical records
- Applying a low multiplier or daily rate when estimating pain and suffering
- Disputing fault or arguing that you contributed to the accident
Even if the initial settlement offer is low, remember that it is negotiable and does not necessarily reflect the full value of your claim. Your attorney can advocate for you to receive higher compensation and fight on your behalf using supporting evidence and negotiation tactics and skills.
Ohio vs. Kentucky: How State Law Changes the Outcome
Your lawyer’s role in a personal injury case is to fight for fair compensation on your behalf and minimize the challenges that may surface during the claims process. For pain-and-suffering damages, they can build a strong case through documentation such as medical records, provider testimony, and personal journals.
Insurers often use software to justify lowball settlement amounts. Your attorney can push back against unfair valuations and even threaten to take the case to trial as negotiation leverage.
Get Help Understanding What Your Injury Claim May Be Worth
Pain and suffering damages depend on the injury, the evidence, and the laws of the state where you file the claim. At Lawrence & Associates, our seasoned team can review the circumstances of your accident and assess how your resulting injuries have affected your health and daily life. We can further explain the compensation that may be available and answer any questions you have. Schedule a free consultation today by contacting our Ohio office at (513) 951-6723 or our Kentucky office at (859) 251-3045.
